Speech & conduct/ Public forum

Question 1

Is lying a protected for of speech?

Answer 1

Yes, the only time lies can be made a crime is when they are connected to something else like purdery or fraud.

Question 2

What is the basic rule regarding speech & conduct?

Answer 2

The gov’t may not regulat the content of speech when regulating its manner

When speech is banned based on content then strict scrutiny is used

Question 3

Secondary effects of speech

Answer 3

While the content or idea behind the speech can not be regulated, if the purpose is to regulate a secondary effect of that speech then this is permitted.

Question 4

Why is race allowed to serve as an aggrevating factor for assault?

It punishes an idea, which is usually not permitted

Answer 4

You can’t be punished for your ideals, but you can be punished for acting upon them.

Considered conduct

Same idea as to why a political assasination is not protected speech

Question 5

What type of restrictions are permitted within a traditional public forum?

Answer 5

Time, place, & manner restrictions

Question 6

What is a designated public forum?

Answer 6

A specific area the gov’t provides for speech. Can be created purposefully or by accident

Question 7

How can designated public forums be restricted?

Answer 7

can be limited by group or purpose, these restrictions do not need to be content neutral

Question 8

How are new tradidtional public forums created?

Answer 8

There are no new traditional public forums

Question 9

Right to privacy in the public forum

Answer 9

You have no right to be left alone in the public forum. But, once you say no thanks, anything more is harassment.

Question 10

Limits of TPM restrictions to the publif forum

Answer 10

Can’t be too broad, or essentally restrict acess to the publif forum

35ft rule for protesting outside abprtion clinic basically restricted